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ATTORNEY-GENERAL OF PLATEAU STATE V. ATTORNEY-GENERAL OF NASARAWA STATE

(2005) JELR 42402 (SC)

Supreme Court  •  SC.255/2000; SC.269/2002  •  22 Apr 2005  •  Nigeria

Coram
SALIHU MODIBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC ALOYSIUS IYORGYER KATSINA-ALU JSC UMARU ATU KALGO JSC AKINTOLA OLUFEMI EJIWUNMI JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC GEORGE ADESOLA OGUNTADE JSC

Judgement

OGUNTADE, J.S.C. (Delivering the Leading Judgment): Two suits, both initiated in this court by the Attorney-General of Plateau State against the Attorney-General of Nasarawa State pursuant to the original jurisdiction of this court under section 232 of the 1999 Constitution of Nigeria, were consolidated for hearing. In the first suit SC/255/2000, the plaintiff claims the following reliefs:

"(a) A declaration that by the guidelines on the sharing of assets and liabilities between the plaintiff and the defendant, projects located in each State automatically vest in such State.

(b) A declaration that liabilities for such projects vest in such State.

(c) A declaration that the judgment in suit No. PID/J/435/94 delivered in 1994 against the then Plateau State Government for projects executed in areas that are now in Nasarawa State automatically vested on the defendant after its creation in 1996.

(d) A declaration that the plaintiff is entitled to be refunded the N4 million paid to the judg…

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